Terms
1.1 These General Terms and Conditions apply to all contracts between
Mombacher Str. 68
55122 Mainz
Deutschland
hereinafter
and its customers regarding consulting, conceptualization, development, software, AI, and other IT services.
1.2 These Terms and Conditions apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law. They do not apply to consumers within the meaning of Section 13 BGB. According to Section 14 BGB, an entrepreneur is a person acting in the exercise of their commercial or independent professional activity when concluding a contract; according to Section 13 BGB, a consumer is a natural person acting predominantly for private purposes.
1.3 Any deviating, conflicting, or supplementary terms and conditions of the customer shall only become part of the contract if FALQN has expressly agreed to their validity in writing.
2.1 FALQN provides services particularly in the following areas:
• AI-First Product Development
• Development of AI-powered software solutions
• Software development
• Technical consulting
• Process optimization
• Development of business and product concepts
• Other individually agreed IT and consulting services
2.2 The exact scope of services is determined by the respective offer, contract, project order, Statement of Work, or any other individual agreement between FALQN and the customer.
2.3 Unless expressly agreed otherwise, FALQN does not owe any specific economic success but rather the provision of the agreed services in accordance with the respective agreement.
3.1 Contracts are concluded individually, in particular through offer and acceptance, written contract, project order, or other explicit agreement.
3.2 No contracts are currently concluded automatically through the FALQN website.
3.3 Offers made by FALQN are non-binding unless expressly designated as binding.
4.1 The customer shall provide FALQN with all information, documents, access credentials, contact persons, and decisions required for the provision of services in a timely manner.
4.2 The customer is responsible for the accuracy, completeness, and legality of the content, data, specifications, and information provided.
4.3 Delays resulting from missing, late, or incorrect cooperation by the customer shall reasonably extend agreed deadlines.
4.4 FALQN is not responsible for disadvantages arising from the customer's failure to perform required cooperation obligations properly or on time.
5.1 Changes or extensions to the agreed scope of services require a separate agreement.
5.2 If FALQN determines that a requested change affects effort, schedule, or compensation, FALQN shall inform the customer accordingly.
5.3 Additional services shall be compensated separately unless otherwise agreed.
6.1 Compensation shall be agreed individually. The prices specified in the respective offer, contract, or project order shall apply.
6.2 Services shall be billed on a project basis or according to individual agreement.
6.3 Payment shall be made by invoice unless expressly agreed otherwise.
6.4 Invoices must be paid in full within the payment period stated on the invoice. If no payment period is specified, invoices are due within 14 days from the invoice date.
6.5 Unless otherwise stated, all prices are exclusive of the applicable statutory value-added tax (VAT).
6.6 If the customer defaults on payment, FALQN is entitled to withhold further services until outstanding claims have been settled.
7.1 Dates and deadlines are binding only if they have been expressly agreed as binding.
7.2 Delays caused by missing customer cooperation, technical dependencies, third-party provider issues, or subsequent change requests by the customer are not within FALQN’s responsibility.
7.3 In such cases, agreed deadlines shall be extended appropriately.
8.1 FALQN may use AI-supported systems, tools, models, or APIs in the provision of services.
8.2 AI-generated content, analyses, suggestions, concepts, or recommendations are intended solely for support purposes.
8.3 AI-generated results do not replace the customer's own professional, technical, legal, economic, or other review.
8.4 The customer remains responsible for reviewing, approving, implementing, and using the results within their company.
8.5 FALQN does not guarantee that AI-generated results are completely error-free, complete, up-to-date, or suitable for every specific individual case.
8.6 FALQN will use AI systems with reasonable care but does not guarantee error-free or consistently identical outputs from AI systems.
9.1 Customer data remains under the responsibility of the customer.
9.2 FALQN does not acquire ownership rights to customer data.
9.3 FALQN processes customer data only to the extent necessary for contract fulfillment, technical implementation, communication, invoicing, or legal obligations.
9.4 Customer data will not be used to train FALQN’s own AI systems unless this has been expressly agreed separately.
9.5 The customer shall ensure that they are authorized to provide and process the data, content, and information supplied.
10.1 Work results may include, in particular, concepts, documentation, software, source code, designs, technical solutions, analyses, strategies, presentations, prototypes, or other project results.
10.2 The customer shall receive the usage rights to the work results expressly agreed in the respective offer or contract.
10.3 Unless otherwise agreed, the customer receives a non-exclusive, non-transferable right of use for their own internal business purposes after full payment.
10.4 Delivery of source code, granting of exclusive usage rights, transfer to third parties, sublicensing, or resale is only permitted if expressly regulated in the offer, contract, or another written agreement.
10.5 All usage rights remain with FALQN until full payment of the agreed compensation.
10.6 FALQN remains entitled to reuse general know-how, methods, ideas, experience, technical approaches, and non-customer-specific components, provided that no confidential customer information is disclosed.
11.1 FALQN may use third-party providers, external tools, APIs, cloud services, open-source components, or other technical services to provide its services where necessary or appropriate.
11.2 Where third-party providers impose their own terms of use, license terms, or technical restrictions, these shall apply in addition.
11.3 FALQN is not liable for disruptions, changes, or failures of third-party services insofar as these are outside FALQN’s sphere of responsibility.
11.4 The customer is obligated to comply with the license terms of third-party software, open-source components, or third-party tools where relevant to them.
12.1 To the extent that work-contract services are owed, acceptance shall be carried out by the customer.
12.2 The customer shall review the services within a reasonable period and specifically notify FALQN of any defects.
12.3 If no justified notice of defects is submitted within 14 days after delivery, the service shall be deemed accepted, provided that FALQN has informed the customer of this consequence.
12.4 Minor defects do not entitle the customer to refuse acceptance.
13.1 FALQN shall provide the agreed services with reasonable professional care.
13.2 In the event of defects, the customer shall inform FALQN immediately and in a comprehensible manner.
13.3 FALQN shall initially be entitled to remedy the defect.
13.4 If the remedy fails, the customer shall be entitled to the statutory rights, unless otherwise provided in these Terms and Conditions.
13.5 FALQN assumes no warranty for defects resulting from incorrect specifications, faulty customer data, subsequent modifications made by the customer, or third-party provider issues.
14.1 FALQN may provide support by email or telephone where agreed or where required for the project.
14.2 There are no fixed support hours, response times, or service levels unless expressly agreed.
14.3 A specific availability of systems, software, prototypes, test environments, or other technical services is only owed if expressly agreed.
15.1 The parties undertake to treat the other party’s confidential information as confidential.
15.2 Confidential information includes, in particular, trade secrets, technical information, customer data, strategies, concepts, access credentials, project information, and other non-publicly known information.
15.3 The confidentiality obligation does not apply to information that is publicly known, became known without violating this agreement, or must be disclosed due to legal obligations.
15.4 The confidentiality obligation shall continue to apply after termination of the contract.
16.1 The parties shall comply with the applicable data protection regulations.
16.2 To the extent that FALQN processes personal data on behalf of the customer, the parties shall conclude a data processing agreement where required.
16.3 The customer is responsible for ensuring that the personal data provided may be lawfully processed and transferred to FALQN.
16.4 Further information regarding the processing of personal data by FALQN can be found in the Privacy Policy.
17.1 FALQN shall have unlimited liability in cases of intent, gross negligence, and culpable injury to life, body, or health.
17.2 In cases of ordinary negligence, FALQN shall only be liable for the breach of essential contractual obligations. Essential contractual obligations are obligations whose fulfillment is necessary for the proper performance of the contract and on whose compliance the customer may regularly rely.
17.3 In cases of ordinary negligence, liability shall be limited to the foreseeable damage typical for the contract.
17.4 In all other respects, FALQN’s liability is excluded.
17.5 To the extent permitted by law, FALQN shall not be liable for indirect damages, lost profits, unrealized savings, reputational damage, data loss, or other consequential damages.
17.6 FALQN shall not be liable for decisions, measures, or economic consequences taken by the customer on the basis of concepts, analyses, recommendations, AI-generated results, or other work results, provided that FALQN is not responsible for any breach of duty.
17.7 The above limitations of liability shall also apply in favor of FALQN’s legal representatives, employees, and agents.
18.1 The customer is responsible for reviewing, approving, and using the services and work results provided by FALQN.
18.2 In particular, the customer shall verify whether the work results are suitable for their technical, economic, legal, organizational, or other purposes.
18.3 FALQN does not provide legal, tax, or business consulting in the legally protected sense unless this has been expressly and lawfully agreed.
19.1 The contract term is determined by the respective offer, contract, or project order.
19.2 Unless a fixed term has been agreed, the contract ends upon full performance and full payment.
19.3 The right to extraordinary termination for good cause remains unaffected.
19.4 Good cause exists in particular if a party materially breaches contractual obligations despite a warning or fails to make due payments.
20.1 FALQN may name the customer as a reference and publicly use logos, names, or project references if the customer has expressly agreed to this.
20.2 No public reference shall be made without the customer's consent.
21.1 The customer may only set off claims that are undisputed or have been finally determined by a court.
21.2 The customer may only exercise rights of retention to the extent that they arise from the same contractual relationship.
22.1 The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
22.2 To the extent permitted by law, the place of jurisdiction for all disputes arising out of or in connection with the contractual relationship shall be Mainz.
22.3 Amendments and supplements to individual agreements must be made in text form unless a stricter form is required by law.
22.4 Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
Privacy Policy
The entity responsible for data processing on this website is:
Mombacher Str. 68
55122 Mainz
Deutschland
E-Mail:
info@falqn.de
Website:
falqn.de
No Data Protection Officer has been appointed.
For data protection inquiries, you can contact us at the following email address:
info@falqn.de
We process personal data only to the extent necessary to provide our website, communicate with users, process inquiries, ensure technical security, or fulfill legal obligations.
Personal data includes all information relating to an identified or identifiable natural person, such as name, email address, telephone number, IP address, or communication content.
When visiting our website, technically necessary data may be processed. This may include in particular:
• IP address
• Date and time of access
• Accessed page/URL
• Referrer URL
• Browser type and browser version
• Operating system
• Device used
This data is processed to provide the website technically, ensure system security, analyze errors, and prevent misuse.
Our website is hosted by the following provider:
Location: Türkiye
Technical access data necessary for the operation and security of the website is processed during hosting.
According to our information, a data processing agreement or equivalent data protection agreement has been concluded with the hosting provider.
Since Türkiye is located outside the European Union and the European Economic Area, personal data may be transferred to a third country.
Data transfers are carried out based on appropriate safeguards under the GDPR, particularly through contractual data protection agreements or Standard Contractual Clauses where required.
Our website uses HTTPS/SSL or TLS encryption. As a result, data transmitted between the user's browser and our server is encrypted.
You can recognize an encrypted connection by the fact that the browser address bar begins with 'https://'.
There is no contact form on our website. If users wish to contact us, their email application will open.
If you contact us by email, we process the data you provide. This may include in particular:
• Name
• Email address
• Telephone number
• Company
• Address
• Content of the message
• Other voluntarily submitted information
Processing is carried out for handling your inquiry and communicating with you.
• Art. 6(1)(b) GDPR for contractual or pre-contractual inquiries
• Art. 6(1)(f) GDPR for general inquiries
We store contact inquiries for as long as necessary to process the request. If the inquiry results in a contractual relationship or legal retention obligations apply, the data will be stored in accordance with the applicable legal retention periods.
Our website may use technically necessary cookies. Technically necessary cookies are required for the proper functioning of the website.
If only technically necessary cookies are used, user consent is generally not required.
Any analysis, marketing, or tracking technologies beyond this are only used on the basis of prior consent where legally required.
Google Analytics, a web analytics service provided by Google, may be used on our website.
Google Ireland Limited
Gordon House, Barrow Street
Dublin 4
Ireland
Google Analytics enables the analysis of how our website is used. In particular, the following data may be processed:
• IP address
• User behavior on the website
• Visited pages
• Time spent on pages
• Technical device information
• Browser information
• Referring website
• Interactions on the website
Google may also process data on servers located outside the EU/EEA.
Google Analytics is only used if you have given prior consent. You may withdraw your consent at any time with future effect.
Fonts from Google Fonts may be used on our website.
Provider:
Google Ireland Limited
Gordon House, Barrow Street
Dublin 4
Ireland
If Google Fonts are loaded externally from Google servers, a connection to Google may be established when accessing the website. In particular, the user's IP address may be transmitted to Google.
From a data protection perspective, local integration of Google Fonts is more secure. When integrated locally, no connection to Google servers is established.
If Google Maps is integrated into our website, we use a map service provided by Google.
Provider:
Google Ireland Limited
Gordon House, Barrow Street
Dublin 4
Ireland
When Google Maps is loaded, personal data, in particular the IP address and technical information, may be transmitted to Google.
Our website currently provides:
• No customer accounts
• No login area
• No dashboard
• No upload function for files or content
Therefore, no personal data is processed through such functions.
We currently do not offer a newsletter or email marketing through our website.
If a newsletter is offered in the future, this Privacy Policy will be updated accordingly.
No payments are currently processed through our website. Payment providers such as Stripe, PayPal, credit card providers, or SEPA payment services are not integrated into the website.
No AI providers or external AI APIs that process website visitor data are currently integrated through our website.
If AI features, chatbots, or external AI APIs are integrated in the future, this Privacy Policy will be updated accordingly.
Our website may contain links to FALQN’s social media profiles, in particular:
• LinkedIn
• X (Twitter)
If you click on such a link, you will leave our website and be redirected to the respective provider. From that point onward, the respective provider processes personal data under its own responsibility.
We have no influence over the data processing carried out by the respective social media providers.
Applications are currently not accepted through our website.
If applications become possible through the website in the future, this Privacy Policy will be updated accordingly.
Personal data is only disclosed where necessary, for example to:
• Hosting providers
• Technical service providers
• Communication service providers
• External service providers where required for service delivery
• Authorities or other bodies where a legal obligation exists
Personal data is not disclosed for advertising purposes.
Personal data may be processed outside the EU/EEA, particularly through the following services:
• Hosting with Netinternet in Türkiye
• Google services, in particular Google Analytics, Google Fonts, and, where applicable, Google Maps
The GDPR requirements apply to data transfers to third countries. For countries without an adequacy decision, appropriate safeguards are required.
We store personal data only for as long as necessary for the respective purpose or as required by legal retention obligations.
• Server log files: 30 days
• Contact inquiries: until final processing is completed or in accordance with legal retention obligations
• Contract and invoice data: in accordance with legal retention obligations
• Consent records: as long as necessary to demonstrate consent
Under the GDPR, data subjects have the following rights:
• Right of access
• Right to rectification
• Right to erasure
• Right to restriction of processing
• Right to data portability
• Right to object
• Right to withdraw consent granted
• Right to lodge a complaint with a data protection supervisory authority
To exercise your rights, you can contact us at:
info@falqn.de
If processing is based on your consent, you may withdraw that consent at any time with effect for the future.
The lawfulness of processing carried out before the withdrawal remains unaffected.
If we process personal data based on legitimate interests pursuant to Art. 6(1)(f) GDPR, you have the right to object to such processing at any time on grounds relating to your particular situation.
You have the right to lodge a complaint with a data protection supervisory authority if you believe that the processing of your personal data violates data protection laws.
For FALQN, which is based in Rhineland-Palatinate, the competent authority is generally:
We reserve the right to amend this Privacy Policy if our website, our services, or legal requirements change.
Imprint
FALQN Technology UG (haftungsbeschränkt)
Mombacher Str. 68
55122 Mainz
Deutschland
Florian Dehnhard
Metin Sahin
Phone:
E-Mail: info@falqn.de
falqn.de
Registered in the Commercial Register.
Register Court: Local Court of Mainz
Registration Number: HRB 54313
VAT Identification Number pursuant to Section 27a of the German Value Added Tax Act:
[add if available]
